Alternate Dispute Resolution (ADR)

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Alternative dispute resolution (ADR) can often serve as a more efficient, confidential, and cost-effective means of settling a dispute and potential claims. ADR can also allow for the parties involved to come up with a more flexible, collaborative, and creative solution outside of the courts.

Kristin M. Lausten has extensive experience in mediation and Alternative Dispute Resolution. Kristin helps clients optimize the outcome of their dispute while saving them the time, stress, and cost that can sometimes come with litigation.

Kristin can represent clients in accordance with the Rules of the American Arbitration Association in all matters of litigation that come before arbitration panels and arbitrators, as well as court-mandated mediations and pre-litigation matters. Kristin has served as a mediator in connection with commercial disputes, contract claims, and related legal matters.  Kristin also represents clients throughout the ADR process.  This not only includes arbitration and mediation, but also moderated settlement, conciliation, and early neutral evaluation.

ADR-Related Areas

As an accomplished attorney, Kristin M. Lausten is formally ADR-trained and has served as a mediator in conflicts ranging from minor two-party disputes to complex commercial matters.  Kristin has also represented clients throughout the ADR process on claims ranging from several hundred thousand dollars to multi-million dollar complex corporate litigation matters.  Some of these disputes have corporate financial issues, contracts and commercial agreements, construction claims, business torts, and other legal matters.

Important terms include:

  • Arbitration: involves the use of one or more neutral third parties to render a binding (or nonbinding) decision after the parties involved have presented their evidence;
  • Mediation: a neutral third party (mediator) assists the parties in arriving at their own agreement (usually non-binding). Parties retain control over the process;
  • Mini-trial: involves a hearing in front of a neutral third party with representatives of the parties who are authorized to enter into a settlement. Often utilized in commercial disputes;
  • Negotiation: attorneys assist the parties in resolving the dispute before trial;
  • Summary jury trial: jurors typically provide a non-binding decision in a private proceeding overseen by a judge. Following a non-binding decision, the parties involved can typically engage in mediation or negotiation.

Although these proceedings are designed to avoid the parties having to go to court, experienced attorneys still need to be involved in these processes so that the parties understand their legal rights and are provided with guidance when it comes to negotiating an agreement (whether that agreement is binding or nonbinding).

PANEL COUNSEL AND MAJOR CLAIMS COUNSEL

An effective ADR attorney can help you incorporate ADR practices into your everyday business activities to help prevent disputes where possible, especially when it comes to contract drafting and internal matters. Contact Kristin today to find out more.

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